Have you or a loved one been charged with a criminal offense. Call Tonmiel Rodriguez Today.
Definition of "Battery"
The offense of battery (simple) occurs when a person:
(1) actually and intentionally touches or strikes another person against the will of the other; or
(2) intentionally causes bodily harm to another person.
Note that there doesnt have to be any injury or harm to an alleged victim for an accused person to be guilty of battery (simple). A mere soft, intentional, touch, as long as it is against the other person's will, can constitute the crime of battery.
Possible Penalty for "Battery"
If it is an accused person's first battery offense, battery is clasified as a First Degree Misdemeanor. This means that, if found guilty, the accused can receive a sentence of up to a year in jail, and a $1000 fine. Keep in mind that this is the highest possible sentence that a judge can give, and not necessarily the sentence that a judge would actually impose in an individual case.
If an accused person has a prior conviction for battery, aggravated battery, or felony battery simple battery is re-classified to, and punished as, a Third Degree Felony. This means that if found guilty, an accused person can face a sentence of up to five years in Florida State Prison and a $10,000 fine.
Enhanced Penalties for offenses involving Special Victims (Florida Statute 784.07)
Under subsection 784.07( 2)(b), Florida Statutes, simple battery (first degree misdemeanor type) is reclasified to a Third Degree Felony if the alleged victim is a law enforcement officer, firefighter, or EMT. This means that a person found guilty of a this enhanced offense can receive a sentence of up to five years in Florida State Prison and a $10,000 fine.
Possible Defenses to Battery
As with any crime, a defense to Battery, Felony Battery, Domestic Battery by Strangulation, or Aggravated Battery can, if warranted, involve a denial of the allegations, or arguments that the allegations cannot be proven, along with other general pre-trial and trial defenses.
However, there are a few defenses that are specific to the charges of Battery, Felony Battery, Domestic Battery by Strangulation, and Aggravated Battery:
Self Defense (aka Justifiable Use of Force)**
Consent
Lack of Intent
Lack of knowledge of pregnancy (in the case of Domestic Battery by Strangulation).
**Self Defense - using or threatening non-deadly force. Under subsection 776.012(1), Florida Statutes "a person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force." A person who uses or threatens force under the circumstances outlined under subsection 776.012(1) does not have a duty to retreat before using or threatening to use non-deadly force.
**Self Defense - using or threatening deadly force. Under subsection 776.012(2) "a person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony." A person who uses or threatens deadly force under the circumstances outlined under subsection 776.012(2) "does not have a duty to retreat before using or threatening to use such force."
Defense
YOUR RIGHTS
MY CALLING
If you or a loved one is facing criminal charges, it's crucial to have an experienced attorney on your side. I will provide the guidance and legal representation you need to protect your rights and build the strongest defense possible.
